Since the Civil Rights Act of 1964 was passed, discrimination in the workplace has been a constant concern for both employers and employees. If you have experienced workplace discrimination, you know how detrimental it can be to your long-term career success and personal growth. Discrimination leaves you feeling trapped by circumstances beyond your control.
Generally, discrimination involves treating certain employees less favorably than other employees in terms of hiring, job performance evaluations, pay, termination, or any other evidence of bias based on race, sex, age, national origin, religion, gender identity and disability. Some jurisdictions also prohibit any employment decisions based on sexual orientation, however this varies from state to state. Sexual orientation is not a protected class under federal law, but some federal courts have ruled that sexual orientation discrimination constitutes sex discrimination under federal law.
Discrimination cases are factually complex and can take many forms. Knowing whether something qualifies as discrimination requires an in-depth analysis of not only how the complaining individual was treated, but also how comparable or “similarly situated” employees were treated in similar circumstances. The following are a few examples of treatment that may qualify as discrimination:
- Refusing to hire someone of a particular race or because they are or appear to be older;
- Providing training opportunities and promotions to only male employees while female employees holding the same positions receive less or no training opportunities and promotions;
- Punishing or disciplining all employees from foreign countries and not punishing natural born citizen employees for the same actions.
Harvey & Binnall’s attorneys have experience representing clients in state courts, federal courts and before state and federal administrative agencies in discrimination matters. Obtaining a good result depends on marshaling all available facts and applying them in the most supportive and persuasive way to the court or a jury. At Harvey & Binnall, we believe the best way to protect your interests is to be ready for trial and thoroughly investigate all of your employer’s business practices to support your claim.